St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-06-03
MIR. GRIMES MAY RIDE.
"A Decision by the Supreme Court
in an Interesting Case.

Judge Berry, of the supreme court,
submitted two decisions yesterday. He
reversed the order of the lower court in
the ease of George S. Grimes, VS.. the
Minneapolis, Lyndale IL Minnetonka
motor line. j. L. Grimes conveyed to
the motor Gne1cempany some property,
on consideration that he, his wife, and
any of his children were to be carried
free of charge. The motor line COM
pany refused to allow his son, George
S. Grimes, the plaintiff, to ride free, on
the ground that the company had made
it rule that it would not issue any
passes, but the court holds that the
plaintiff was under no obligation to ask
for pass, and his right to ride free is
not based upon the question of passes or
anything else, but the fact that his
father purchased that privilege for him.
a new trial is granted. Here is the
language of the syllabus:
Georges. Grimes, appellant, VS. The Mime
apolis, Lyndale 4 Minnetonka Railway
company, respondent.
Syllabus-G and wife conveyed to de-
PENDANT certain land for the purposes of
of its railway, and in consideration of the
conveyance defendant agreed to carry said
G wife and any of their children free of
charge in the passenger cars run upon its
road. Plaintiff is one of the children men,
toned. Held, that the effect of defendants
agreement is to entifle the plaintiff to be car
ried free of charge. The fact that his father
purchased and paid for this right of free car
rage is not important. The plaintiffs right
is as complete as if he had purchased and
paid for IL himself, and its infringement,
whether tortious or otherwise, is a wrong to
him for which he has his action. AS a reas-
enable regulation of its business for the pur-
pose OF preventing impositions the
defendant might very properly. have
provided plaintiff with pass, and required
him to exhibit to conductors. But the plain
tiff was under no obligation to apply for one,
and If none was furnished him he had the
night to be carried without one. If defend
ant as appears in this case, made it rule
10 issue no passes, then it was its duty to in
!orm the conductors of plaintiffs rights, and
from, reversed and new trial granted.
BERRY, j.
Ann NJ. Wilcox, respondent, vs. C. w. Com
stock, appellant
Syllabus-Defendant made his promissorv
note to j.. by whom it was Endorsed before
maturity, to Wilcox, who endorsed it to plain
till, by whom this action was brought upon
1t: Upon the theory that the note fell due
while in Wilcox s hands and before its in
dorsement to plaintiff, defendant undertakes
TO defeat the action by setting IN claim
against Wilcox on account of unsettled part.
nershlp business between them, as the result
OF which he claims Wilcox will upon ac-
counting and settlement owe him a balance
Held, that the defendant cannot, at any rate
be allowed TO thus set up said matter without
on accounting between him and Wilcox. and
1hat he cannot have such accounting unless
WILCOX is made Il party to the proceedidg in
which it is sought. Order denying new trial
affirmed. BERRY. j.
OTHER CASES.
The cases Of Nellie y. Curran ct al. an
pelantS, vs.. Emil ". Kirby CT a.. respond
ents. and HeAry i.cnsel, appellant, VS.. Chi
cago st. Paul. minneapolis " Omaha Railway
company. respondent, were argued and sub
mitted. and that Of John johnson. appellant.
vs. 1qa Berg ct III. respondents, was sub
United on briefs, il the supreme court yes
terday
DISTRICT CALENDER CALL.
The following jury cases have been
set for to-day:
J. Austin L Spn against L. c. Long.
Leonard Leigh against G. j. Foster, Son
& Co.
LOUIS " Noieue against Holland &
Thompson.
The following court cases have been
set for hearing to-day:
+. G. Draper d Co. against Duncan Nc
Dougal etal.
John 6. Horrigan against Edmund Rice,
Isaac \. Hartman against the County of
Ramsey.
JohnJ. Cullen ct al. against Martin oDay
ct al.
Horace B. Murchie & Co. against MCINTYRE
Bros.
COURT NOTES.
Michael Laoros, Frenchman living on ,he
West side, was arraigned in the police court
yesterday ehargsd with vi highway robbery
Larte, respectable citizen on Robinson
street. two weeks ago, and robbing him of
$50.
The three applicants for admission to the
bar, examined Wednesday by H. r. Bigelow
and C.N. Bell, were detied admission, the
committee being of the opinion that they
would make better progress hereafter if their
Applications were denied
The case. of A. n. and D. G. Barringer
Egainst Jacob Stoltz was tried yesterday be-
fore Judge Wiliin. 1t was an action to en-
force the specific performance of real es-
state contract. The jury rendered q sealed
verdict last night.
The case of the Chicago Lumber company
against s. Il. Folsom, Jr., was tried before
judge Kelly yesterday and the jury rendered
q sealed verdict last night 1t was az action
70 recover $500 on promissory notes.
The case Of Nels j. Ness against Cyrus j..